A Delhi court has held a pregnant woman guilty of stealing valuables, including cash, credit cards and diamond ring, of a man she befriended through Internet after giving him a sedative-laced drink.
The court convicted Eva Jennifer, a Gujarat resident, and sentenced her to nearly three-and-a-half-years in jail, the period which she has already spent behind bars during pendency of the trial.
The court said Eva's offence does not deserve any lenient view, but it took into consideration that she was pregnant and has to take care of her five-year-old daughter.
"Although, the offence of the convict does not deserve any lenient view but purely taking into consideration the circumstance that she is already in family way and her daughter is only five years of age and that she has already undergone a custody of about 40 months during the course of trial of the present case, Eva is awarded the sentence of the period already undergone by her," Additional Sessions Judge Rajeev Bansal said.
She was held guilty for the offences under Section 328 (causing hurt by means of poison, etc., with intent to commit an offence) and 379 (punishment for theft) of the IPC.
The court, however, directed her to pay a fine of Rs 10,000 of the offence of causing hurt by administering poison to victim Amit Kumar Saxena.
Saxena had lodged a FIR at Malviya Nagar Police Station on September 24, 2008 alleging that he was acquainted with Eva through Internet and went to meet her at a mall in Saket on the evening of September 18, 2008.
He told the Court that the woman asked him to purchase some drinks from the mall and they left the place in his car.
She asked him to stop the car at a distance where they could talk and when he again sat in the car after buying a water bottle, the woman offered him spiked coffee and after consuming it, he fell unconscious.
Saxena told the court that, he was spotted next morning by his family members and police at Adhchini crossing in South Delhi and his purse, laptop, car stereo, pen drive, mobile phone, watch and other belongings were missing.
He denied that he had tried to molest the woman.He also denied that because of the fear of being caught, he falsely implicated Eva in this case.
The court noted that Saxena's stolen articles were recovered from the woman and sedative tablets were recovered from her handbag.
While convicting the woman, the court said if deposition of all the witnesses was read together, it was found that the prosecution has been able to prove its case beyond doubt and the statement of victim has its own sanctity.
"Nothing has come on record as to why the accused would be falsely implicated by the victim. Accused refused to take part in TIP for no plausible reason...
"There was no reason to disbelieve these circumstances.
Prosecution has been able to prove that Eva administered some sedative to Saxena and thereafter she caused theft of his belongings," the court said.
Eva's counsel had sought leniency for her, saying she was abandoned by her second husband and was also facing problems in jail due to her pregnancy and has already undergone custody of about three and half years during the trial of this case.